The vast majority of employees throughout the country spend most of their waking hours at work. Each and every worker has a right to expect that their workplace will be kept in safe, […]
It's important for workers in Texas to understand the difference between an employee and an independent contractor, as this classification determines your legal options in the event of a workplace injury.
Just because you work on-site, this does not mean that you are considered an “employee.” Employees are afforded much more protection than contractors when it comes to on-the-job injuries, and employers in Texas have been known to take advantage of this fact.
If you’re told when to report to work, told what to wear, trained to do a certain job by the employer, etc, you should be classified as an employee. Unfortunately, many workers (especially in construction and labor) are intentionally misclassified as contractors in order for the company to avoid payroll taxes, minimum wage requirements, and workers’ compensation premiums.
If you believe you've been misclassified as a contractor, our experienced work injury attorneys may be able to have your classification challenged in order to allow you to seek additional avenues of compensation. If you're a legitimate contractor, don't fret; you may still be able to bring an ordinary negligence claim against those responsible for your injuries.
As an employee, you have a few options in the event of an on-the-job injury. These options are contingent upon whether your employer subscribes to workers’ compensation or not.
Texas does not require employers to carry workers’ compensation insurance. If an employer does subscribe to state-run workers’ comp insurance, they’re protected from most causes of action and employees are generally limited to filing a claim with workers’ comp in order to receive medical care and recover a portion of their lost wages.
On the other hand, if an employer does not subscribe to workers’ compensation insurance and is not willing to cover your work injury voluntarily, the injury is essentially treated as any other type of personal injury claim and the employee is allowed to seek reimbursement for damages through a work injury lawsuit.
Read more on Workers' Comp vs. Nonsubscribers.
An independent contractor generally cannot bring a work injury claim since a contractor is technically their own employer - but that doesn’t mean you have no legal recourse. You may still have a valid negligence claim and/or even a product liability claim against a 3rd party (such as the manufacturer of a piece of defective equipment).
The law regarding work injury claims is (clearly) very complex in Texas, and the best way to determine your legal options is to call an attorney who offers a free consultation. Rasansky Law Firm offers free consultations and can be reached (toll-free) at (214) 617-1886.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 617-1886.
2525 McKinnon Street #550 Dallas, Texas 75201
Phone: (214) 617-1886
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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